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be applied, at the option of Beneficiary, in pa n <br />ant at least equal m the lesser of the <br />will at a minimum, cover Insses ramrod by fire, I <br />Treaterls) will obtain and keep flood insurance ) <br />of 1968, as amended, and by regulations Impler <br />by Trustorls) or by any insurer, for whatever it <br />3. To keep all buildings, fixtures, attachments <br />maintenance, and condition and ro oMdhe, cam <br />enter upon the property to inspect the same or <br />4. In the event Tlusterle) fads to pay any hens, <br />buildings, Fixtures, attachments, or Impr.v,mOc <br />or provide insurance, maintenance, or repairs <br />Immediately due and payable and bear interest <br />Benefiriary of any such amounts will in no mam <br />rights and remedies. <br />In the oven) Beneficiary is a party to any I <br />e li <br />enforce this crust Deed or any suit In which B, <br />d o0 3006,23 <br />(indebtedness matured or unmatured secured by this Trust Deed. Such insurance will be <br />me, the actual cash value of the collateral, or the replacement cost of the property, and <br />ixpin_alen, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hall, <br />cover losses by flood as required by Beneficiary and by the National Flood Insurance Act <br />same. Trustorls) further agree that Beneficiary is nut and will not be liable for any failure <br />)brain and keep this Insurance in force. <br />r improvements new on or hereafter placed on the property occupied and in good repair, <br />mit any acts of waste or any impairment of the value of the property. Beneficiary may <br />I any acts authorized herein or in the loan agreements), <br />is assessments, taxes, rants, fees, or Fraud, a, maintain any momenta on the prpperlyr <br />affecting the <br />y Is med <br />;t fees, attar) <br />is) or uxu, successors by the coat <br />apply the same In payment of any <br />is bronchi order any 6ankrumov Iawa, Beneficiary, reopen <br />its <br />or the lien of this Trust Deed, Including any action by Beneficiary to <br />it )including condemnation and bankruptcy proceedings) Beneficiary <br />Ito the extent allowed by law), costs, exppenses, appraisal fees, and <br />mass I Indebtedness secured hereby, be ediately due and payable and <br />ice until paid. <br />anent domain are hereby assigned to Beneficiary; and Beneficiary is <br />due and <br />on real property, including the appointment of a Receiver upon ex <br />maeotemaks secured nereoy or In me loan agreemen en. canny try nenenclary In exercising Its rights upon default wan not as construed as a waiver <br />thereof and any act of Beneficiary waiving any specified default will not he construed as a waiver of any future default If the proceeds under such <br />said or foredos.re are insufficient to pay the total indehtednass secured hereby, Trustods) on hereby agree to be personally bound in pay the unpaid <br />balance, and Beneficiary will be entitled to a deficiency judgment. <br />8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to <br />Trustor(s) such Notice of Default and Notice of Sale as then required by law and will in the manner provided by law, sell the property at the time <br />and place of sale fixed in the Notice of Sale, either as a whole or in separate lots, parcels, or items and In such order as Trustee will deem expedient. <br />Any person may bid at the sale including Trustorls), Trustee or Beneflelary. <br />9. Trustorls) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trustorls) at the <br />addresses) act forth harem_ <br />10. Upon default, Beneficiary, either In person or by agent, with or without bringing any action or proceeding and with or without regard to the value <br />of the property or the sufficiency thereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take possession <br />of the property in Its own name or In the name of the Trustee and do any acts or expend any sums it deems necessary or desirable to protect or <br />preserve the value of the property or any interest therein, or increase the Income therefrom; and with or without taking possession of the property <br />Is authorized to sue for or otherwise collect the rents, issues, crops, profits, and Income there.[ including thus. U.at due and unpaid, and apply <br />the same upon any Indebtedness secured hereby or in the loan agreements). <br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided <br />or permitted, but each will be cumulative, will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity <br />or by statute, and may be scattered concurrently, independently or surressmely. <br />11. Trustorls) acknowledges that the duties and obligations of Trustee will be determined solely by the express provisions of this Trust Dead or <br />the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance of su.h dubs and obl,g.h.ns ,a are syeelfieally set birth <br />therein, and he implied owermets or Obligations will be imposed upon Trustee; Trustee will net be liable for any action by it In good faith and <br />reasonably believed by it to be authorized or within the discretion or rigghts of powers conferred u on it by this Trust Deed or state law. <br />12. The integrity and responsibility of Tool constitutes a part of the consideration for the al, gations secured hereby. Should Trustorls) sell, <br />transfer, or convey the roperty described herein, without prior written consent of Beneficiary, Beneficiary, at its option, may declare the entire <br />Indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any other default. <br />13. Assignment of Rents lncludmg Proceeds of Mineral Leases. Trustor(s) hereby assigns, transfers, and conveys to Beneficiary all rents, royalties, <br />bonuses, and delay moneys or other proceeds that may from time to time become due and payable under any real estate lease or under any all, gas, <br />gravel, rock, or other mineral lease of anyy kind including geothermal resources now existing or that may hereafter come into existence, covering <br />the property or any part thereof. All su h s ms r ved by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at <br />Its option, may turn over and deliver to Trustorls) or their successors in Interest, any or all of such sums without prejudice to any Of Banefciary's <br />rights to take and retain future sums, and without prejudice to any of its other rights under this Trust Deed. This assignment will be construed to <br />Le a pruvisiun fur the payment Or reduction of the debt, subject to the Beneficiary's option as herelnbetore provided, independent of the lien on the <br />property. Uron payment in full of the debt and the reconveyance of this Trust Deed of record, this assignment will become inoperative and of no <br />further force and effect. <br />14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein. <br />15. The covenants contained in this Trust Deed will he deemed to be severable; In the event that any portion of this Trust Decd is del.rmined to <br />be void or unenforceable, that determination will not affect the validity of the remaining portions of the Trust Dead, <br />patella V <br />INDIVIDUAL BORROWER ACKNOWLEDGMENT <br />STATE OF NEBRASKA ) <br />I as <br />COUNTY OF HALL ) <br />On this 15th day of January 2003 before me, a Notary Public, personally appeared <br />Merlin P. Dibbern, a /k /a Merlin Peter Dibbern, a single person <br />to me known to be the patterns) named in and who executed the foregoing instrument, and acknowledged that he executed the same as <br />his voluntary act and deed. <br />GENERAL NBTANY•BpiclNNebraska S7 <br />(SEAL) ECHO ALCORN <br />My Pmmn. Epl. March 21, 2888 Echo Alcorn <br />My commission expires Ma Felt 2 , 2006 <br />(Type name antler samens,e) <br />Notary Public in and for said County and State <br />Ap #: 002131513; Primary Customer ID #: 00102625; CIF 4: 106542 Legal Due. Lou, January 10. 20U3 <br />FORM 5011, Trust Deed and Assignment of Rents Page 2 <br />